Officials on election duty cannot campaign for or against the referendum: EC Anwarul Islam

Election Commissioner Md Anwarul Islam Sarkar has said that officials assigned election duties will not be allowed to campaign for or against the referendum, though they may promote participation in the referendum.

He made the remarks today (27 January) while responding to journalists' questions at the Election Bhaban in Agargaon.

As the parliamentary elections and the referendum are being held on the same day, election-related offences, penalties and trial procedures will be governed by the main parliamentary election law – the Representation of the People Order (RPO). 

Under Article 21 of the Referendum Ordinance (Offences, Penalties and Trial Procedure), acts considered offences or violations of the code of conduct in parliamentary elections will likewise be treated as offences and violations in the referendum.

Under the RPO, the Election Commission (EC) has appointed deputy commissioners (DCs) and upazila nirbahi officers (UNOs) as returning officers (ROs) and assistant returning officers (AROs) for the election. From the announcement of the election schedule until the publication of results in the official gazette, these officials work under the control, supervision and directives of the EC—not the government.

Under Section 5 of the Referendum Ordinance, the ROs and AROs for the election will, by virtue of their positions, also serve as referendum officials. The same applies to presiding officers, assistant presiding officers and polling officers. Once assigned election duties, they are legally bound to act impartially in both processes.

Explaining the commission's position on the referendum, Anwarul Islam said, "We are encouraging participation in the referendum. However, those responsible for election duties are not legally permitted to work for or against the referendum. None of our returning officers or assistant returning officers is campaigning for any side."

Asked whether it is lawful for government officials and various state institutions to campaign in favour of a 'Yes' vote in the referendum, he said he would not comment on the matter.

The election commissioner said he considers the electoral environment 'excellent,' citing his experience from field inspections.

When asked about complaints by Jamaat and NCP about a lack of a level playing field, he said specific complaints have been forwarded to the respective returning officers and the electoral inquiry committees, which will take action in accordance with the law.

Regarding the government's announcement of projects after the election schedule, he said this is an interim government, not a political one, with no candidates. "The code of conduct applies to political parties, candidates and those contesting elections. The government is carrying out routine work," he added.

On whether the commission has been able to overcome public distrust, he responded, "We believe people are participating in the election with full confidence. Political parties are taking part, and campaigning is going on in a festive atmosphere – these are expressions of trust."

On voter security, he said the commission has given a 100% guarantee, with the army, air force, navy, coast guard, police, Ansar and even BNCC deployed to ensure voters can safely go to polling centres, return home, and face no post-election unrest.

In reply to another question, he said that from 8 to 26 January, there were 144 instances of code of conduct violations in 128 constituencies. Fines totaling Tk9,05,500 were imposed, and 94 cases were filed.